CHERRY v. STEINER

No. 82-5765.

716 F.2d 687 (1983)

Clifton N. CHERRY, et ux., et al., Plaintiffs-Appellants, v. Wesley E. STEINER, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1983.


Attorney(s) appearing for the Case

Daniel J. McAuliffe, Snell & Wilmer, Phoenix, Ariz., for plaintiffs-appellants.

James W. Johnson, Fennemore, Craig, von Ammon, Udall & Powers, Phoenix, Ariz., for defendants-appellees.

Before PECK, FLETCHER and PREGERSON, Circuit Judges.


FLETCHER, Circuit Judge:

Various Arizona landowners appeal an order of the district court granting summary judgment for defendants in a suit challenging the constitutionality of the Arizona Groundwater Management Act of 1980 (the Act), Ariz.Rev.Stat.Ann. §§ 45-401 to 45-637 (West Supp.1982). Plaintiffs' central contention is that prior to the enactment of the Act, they owned the groundwater beneath their property...

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